Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 330, 331, 218, 120B, 34 -- Bail - Murder - Custodial death - Offence in question is grave and serious in nature - Accused enlarged on bail within 1-1/2 years of his detention - High Court committed error by granting bail to accused - Order granting bail set aside...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused opened fire in a crowded place i.e. a marriage ceremony without taking reasonable measures for safety which lead to unfortunate demise of deceased - No previous enmity between deceased and accused - Deceased died due to single bullet injury - No intention may be attributed to accused as may..........
Indian Penal Code, 1860, Section 302, 201, 34, Dowry Prohibition Act, 1961, Section 4 -- Murder - Allegation in FIR that accused caused death of deceased by pressing a crowbar on her neck - However, as per evidence of brother of deceased his sister had been assaulted and done her to death and dead body was cremated - No evidence on record as to from which source brother of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Chain of circumstances not complete against A-2 to 6 - As regarding involvement of other accused, except that their names have been brought on record on the basis of confessional statement of accused `S', there is no other material to connect them with the killing of deceased - Confessional statement of co-accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused killed deceased by giving a Dau blow - Body and head of deceased were separated, which shows force with which blow had been dealt - Dau in question was recovered at the instance of accused when he led the police and others to the place of recovery - Eye witnesses stated that accused was a habitual drunkard - Evidence..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Injury caused in the manner described by eye witness/PW1 - It was a single firearm injury as stated by doctor - Eye witnesses specifically and very clearly narrated the incident in their testimony - Motive of crime was proved that deceased was killed for the reason that he had deposed against accused in an earlier..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to prosecution case - However, if evidence tendered including that of eyewitnesses do not inspire confidence or suffer from glaring inconsistencies..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
